Thursday, March 4, 2010

“I JUST PANICKED!”: WHEN YOU ARE CHARGED WITH LEAVING THE SCENE OF AN ACCIDENT

You honestly just never saw him until you heard the thud. Maybe you struck a pedestrian, or maybe it was another car. Startled, you drove away instead of stopping like you knew you should. Now, somehow the cops have found where you live. And what might have been a routine traffic ticket is now elevated to a misdemeanor or even a felony. What can happen to you? What can you do?

In Illinois, if you are involved in a motor vehicle accident resulting in personal injury or death, you must immediately stop at the scene of the accident and remain there until you have provided your name, address and registration to the person you struck. Furthermore, you must provide reasonable assistance to the injured, including, if necessary, carrying them to a doctor. You also must file a police report within one half hour of the accident or of being released from a hospital.

If you have only damaged the other person’s car, you must still immediately stop and provide your information to the other driver.

In accidents involving injury or death, a failure to stop can result in a Class 4 felony, punishable by one to three years in prison. If you fail to file a police report, you may be charged with a Class 2 felony, punishable by 3 to 7 years. If the other party died, you are now subject to a Class 1 felony, punishable by 4 to 15 years. When the accident only involves property damage, you may still be charged with a Class A misdemeanor, punishable by up to one year in jail plus a fine.

If you are charged with leaving the scene, you must not speak about your situation to the police or anyone else. You should also refrain from discussing your problems through any electronic media such as Twitter, email or Facebook. Even though the police may have tracked down your vehicle, the state still has the burden of proving that you were the one driving beyond a reasonable doubt. Without your statements, the State may not be able to meet this burden.

If police are looking for you, contact an attorney immediately to help protect your rights. If you are in custody, ask to speak with an attorney and do not make any statements. Police may try to persuade you to confess by promising that they will give you a break. However, the police may not be authorized to reduce or drop the charges, and your statements can still be used against you.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

And "SEARCH AND SEIZURE," "MOTIONS AND DEFENSES" and "EVIDENTIARY MATTERS GENERALLY."

About Me

A criminal and school law attorney with over 20 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug or narcotics crimes such as drug possession or drug dealing, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect.
I am a member of the ACLU, Illinois State Bar Association.
Se habla espanol.
CONTACT ME: 847-568-0160 or email matt@mattkeenanlaw.com

"Damned if You Do, Damned if You Don't: Behaving at a DUI Stop," by Art Buono. Sept. 20, 2011.

"Time to Shock Schools into Deploying Difibrillators," by Art Buono. November 3, 2011."Anti-Bullying Law Not Enough," November 16, 2011,

PUBLIC APPEARANCES:

November 15, 2012: Presenter: "Student Discipline: The Expulsion Hearing Games" as part of the Illinois State Bar Association continuing legal education course: The Student and Parent Side of School Law Issues.